Daubert v. Flyte Time Regency Limousine

In an action to recover damages for personal injuries, etc., the defendant appeals from a judgment of the Supreme Court, Rockland County (Nelson, J.), dated August 6, 2002, which, upon a jury verdict on the issue of liability finding it 65% at fault in the happening of the accident and the injured plaintiff Michael Daubert 35% at fault, and upon the denial of its motion pursuant to CFLR 4404 (a) to set aside the verdict and for judgment in its favor as a matter of law, is in favor of the plaintiffs and against it.

Ordered that the judgment is reversed, on the law, with costs, the motion is…